ITB_S-10700-00013484~1.pdf

ITB No. 10700-00013484 CNC PLASMA CUTTING TABLE

DAS Procurement Services, Version 1.0 – February 20, 2019 Page 1 of 15

STATE OF OREGON

COVER PAGE

Oregon Department of Administrative Services, State Procurement Services (“DAS SPS”) on behalf of Oregon

Department of Administrative Services, Enterprise Asset Management (“DAS EAM”)

CNC PLASMA CUTTING TABLE

Invitation to Bid (ITB) Contract

ITB NO. S-10700-00013484

Date of Issue: 04/08/2025

Closing: 05/08/2025 4:00 PM PST

Single Point of Contact (SPC): Nathan C. Ramos, OPBC Senior Contract Specialist

Address: 1225 Ferry Street City, State, Zip: Salem, OR 97301 Phone (voice): (971) 707-0016 E-mail: Nathan.Ramos@DAS.Oregon.gov

The State of Oregon promotes equal opportunity for all individuals without regard to age, color, disability, DAS Procurement Services, Version 1.0 – February 20, 2019 Page 2 of 15 marital status, national origin, race, religion or creed, sex or gender, sexual orientation, or veteran status.

TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION

1.1 SUMMARY OVERVIEW

1.2 TECHNICAL SPECIFICATIONS

1.3 SCHEDULE OF EVENTS

1.4 DEFINITION OF TERMS

1.5 SINGLE POINT OF CONTACT

SECTION 2: ITB PROCESS

2.1 PROCUREMENT AUTHORITY

2.2 PROCUREMENT METHOD

2.3 RESERVED

2.4 OREGONBUYS

2.5 QUESTIONS AND CLARIFICATIONS

2.6 PROTEST OF ITB

2.7 AMENDMENT

2.8 PROTEST OF Amendment

SECTION 3: INSTRUCTIONS TO PROSPECTIVE BIDDERS

3.1 ACCEPTANCE PERIOD

3.2 BID SUBMISSION REQUIREMENTS (GENERAL)

3.3 BID REQUIREMENTS (PASS/FAIL)

SECTION 4: BID REVIEW METHODOLOGY

4.1 RESPONSIVENESS DETERMINATION

4.2 RESPONSIBILITY DETERMINATION

4.3 PRICE EVALUATION

4.1 REFERENCES (ATTACHMENT C) (PASS/FAIL)

4.2 price submital form (ATTACHMENT D) (SCORED)

4.3 specifications (ATTACHMENT G) (PASS/FAIL) ...........................................................Error! Bookmark not defined.

4.4 RESERVED

4.5 RESERVED

4.6 METHOD OF AWARD

SECTION 5: INTENT TO AWARD

5.1 INTENT TO AWARD NOTIFICATION

5.2 INTENT TO AWARD PROTEST

5.3 PAY EQUITY

5.4 NONDISCRIMINATION IN EMPLOYMENT

5.5 OTHER REQUIRED INFORMATION

SECTION 6: CONTRACT EXECUTION

SECTION 7: ADDITIONAL INFORMATION

7.1 GOVERNMENT BODIES

7.2 OWNERSHIP/PERMISSION TO USE MATERIALS

7.3 COST OF BIDDING

7.4 CANCELLATION AND/OR REJECTION OF BIDS/DAMAGES

7.5 CONFIDENTIAL OR PROPRIETARY INFORMATION

7.6 RECYCLED PRODUCTS

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LIST OF ATTACHMENTS

ATTACHMENT A – CONTRACT

ATTACHMENT B – BID COVER SHEET

ATTACHMENT C – REFERENCE CHECK FORM

ATTACHMENT D – BID SUBMITTAL FORM

ATTACHMENT E – COBID CERTIFICATION / OUTREACH PLAN

ATTACHMENT F – RESPONSIBILITY INQUIRY

ATTACHMENT G – TECHNICAL SPECIFICATIONS

ATTACHMENT H - PRICING

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SECTION 1: GENERAL INFORMATION

1.1 SUMMARY OVERVIEW

The State of Oregon, acting by and through the Oregon Department of Administrative Services, State Procurement Services (“DAS SPS”) on behalf of the Oregon Department of Administrative Services, Enterprise Asset Management (“DAS EAM”) or (“Agency”), is issuing this Invitation to Bid (ITB) to establish a Contract for Goods.

Enter general information about this ITB here, including:

• Reason for soliciting, background information, and any other information helpful in understanding how you got to this procurement decision.

• Brief project description such as:

The Agency is seeking the purchase of a CNC Plasma Cutting Table.

• DAS SPS anticipates the award of one (1) Contract resulting from this ITB. In the event multiple Contracts are awarded, DAS SPS will use the following methodology to determine from which Contractor to purchase.

• Issue all purchases to the lowest responsible Bidder.

• The initial term is anticipated to be 12 months.

• Required delivery date for NO LATER THAN 06/30/2025.

1.2 TECHNICAL SPECIFICATIONS

The Technical Specifications for this ITB can be found in Exhibit A: Technical Specifications.

Bidder must clearly identify in their submitted Bid documentation that Bidder meets ALL of the Technical Specifications listed in Exhibit A: Technical Specifications.

1.3 SCHEDULE OF EVENTS

The table below represents a tentative schedule of events. DAS SPS may modify these dates at any time, with appropriate notice. All times are Pacific Time (PT).

EVENT DATE TIME (Pacific Time)

Questions and Clarifications Due 04/18/2025 4:00 PM Answers to Questions and Clarifications Due

(approximate)

04/25/2025 4:00 PM

ITB Protests Period Ends 05/01/2025 4:00 PM Closing (Due Date and time to submit Bids ) 05/08/2025 4:00 PM

Opening of Bids 05/08/2025 4:00 PM OregonBuys Notice of Intent to Award

(approximate)

05/12/2025 4:00 PM

Notice of Intent to Award Protest Ends 05/19/2025 4:00 PM Contract Execution (approximate) 05/20/2025 4:00 PM

DAS SPS operating hours are:

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Monday through Friday 8:00 AM to 5:00 PM, Pacific Time, except for state holidays and State approved closures, including those for inclement weather.

1.4 DEFINITION OF TERMS

For the purposes of this ITB, unless specifically defined in this ITB, capitalized words have the meanings provided in OAR 125-246-0110. These definitions do not apply to the Proposed Contract attached as Attachment A.

1.4.1 GENERAL DEFINITIONS

Capitalized terms not specifically defined in this document are defined in OAR 125-246-0110.

“SPC” means the Single Point of Contact listed on the cover page of this ITB. All communications related to any provisions of this ITB shall be directed only to the SPC to ensure every Bidder receives the same information.

“Schedule of Events” means the specific time and dates events relating to this ITB will occur.

“Successful Bidder” means the person(s), organization(s) to which the award is made.

1.5 SINGLE POINT OF CONTACT

All questions, requests for clarification, and protests about any component of this ITB, including the technical requirements, contractual requirements, and the procurement process must be directed to the SPC identified on the cover page of this ITB.

SECTION 2: ITB PROCESS

2.1 PROCUREMENT AUTHORITY

DAS SPS is conducting this ITB pursuant to ORS 279A.050 and OAR 125-246-0170(3).

2.2 PROCUREMENT METHOD

DAS SPS is using the Competitive Sealed Bidding method, pursuant to ORS 279B.055 and OAR 125- 247-0255, and may use any available optional procedures.

2.2.1 RESERVED

2.3 RESERVED

2.4 OREGONBUYS

This ITB, including all Amendments, attachments and exhibits are posted in the OregonBuys procurement system: https://oregonbuys.gov/bso/. ITB documents will not be mailed. Parties must be registered in OregonBuys to receive ITB documents and submit a Bid.

2.4.1 ALTERNATIVE ACCESSABILITY TO AMENDMENTS, ATTACHEMNTS, AND

EXHIBITS

If an exhibit, attachment or Amendment is used but cannot be viewed or downloaded through https://oregonbuys.gov/bso/

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OregonBuys, the ITB will include instructions on how to obtain these documents.

2.4.2 OREGONBUYS ASSISTANCE

Parties needing assistance with OregonBuys may contact the OregonBuys Helpdesk by email at: support.oregonbuys@das.oregon.gov.

2.4.3 OREGONBUYS REGISTRATION INFORMATION

Current and correct registration information is the sole responsibility of the registered party.

Registration information can be located at:

https://www.oregon.gov/das/ORBuys/Documents/OrBuysSupplierRegistrationSteps.pdf

2.5 QUESTIONS AND CLARIFICATIONS

All questions and requests for clarification, related to this solicitation must:

• Be submitted in writing to the SPC identified on the cover page of this ITB (email

ONLY)

• Reference the ITB No. S-10700-00013484 Identify the section number and the passage.

Include name and contact information of party submitting question or clarification.

• Be received by the due date for questions and clarifications identified in Section 1.3 of this ITB.

Questions by telephone are not accepted.

DAS SPS will respond to questions and requests for clarifications through ORPIN. In its’ sole discretion, DAS SPS, may change this ITB by written Addendum and post to ORPIN. Clarifications, corrections or changes to this ITB made in any other manner are not binding on the State.

2.6 PROTEST OF ITB

Protests to this ITB, including the specifications and requirements of the ITB and the terms and conditions of the Sample Contract, must be submitted in writing to the SPC identified on the cover page of this ITB.

Protests must be submitted by the due date in Section 1.3, or Section 2.8 for Addendum. DAS SPS will not consider protests received after these deadline(s).

Protests must include:

mailto:support.oregonbuys@das.oregon.gov https://www.oregon.gov/das/ORBuys/Documents/OrBuysSupplierRegistrationSteps.pdf

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• Protestor name and contact information;

• The ITB No. S-10700-00013484;

• Reason for the protest, including:

1) Grounds demonstrating how the procurement process is:

a) Contrary to law, and/or

b) Unnecessarily restrictive, and/or

c) Legally flawed, and/or

d) Improperly specifies a brand name; and

2) Provide evidence and documentation supporting the grounds on which the protest is based.

• Any proposed changes to the ITB provisions or other relief sought.

DAS SPS will address all protests meeting the requirements within a reasonable time and will issue a written decision. Protests not meeting these requirements will not be considered by DAS SPS.

Protests will be received by the following methods:

• Emailed to the SPC identified on the cover page of this ITB.

2.7 AMENDMENT

Unless otherwise stated in the ITB, DAS SPS shall post any Amendment on OregonBuys.

Amendments are incorporated into this ITB by this reference and can be viewed and downloaded by interested parties registered in OregonBuys, unless an alternate process is defined in Section

2.4.2. Bidder is responsible for monitoring OregonBuys regularly until ITB Closing. DAS SPS is not responsible for sending Amendment to any prospective Bidder.

2.8 PROTEST OF AMENDMENT

Unless a modified deadline is set forth through Amendment, a prospective Bidder may submit a protest of the Amendment by the close of the next business day after the issuance of the Amendment, or no later than the due date for Protests of ITB identified in Section 1.3 of this ITB, whichever is later. Unless otherwise specified in the Amendment, a protest must be submitted in the same manner as a protest of the ITB under Section 2.6.

SECTION 3: INSTRUCTIONS TO PROSPECTIVE BIDDERS

3.1 ACCEPTANCE PERIOD

Bids are firm offers for a period of 180 calendar days from Closing.

3.2 BID SUBMISSION REQUIREMENTS (GENERAL)

3.2.1 BID FORMAT

Bidder shall submit its Bid through OregonBuys.

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Information on how to submit a Bid through OregonBuys can be located at:

https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20S olicitation%20Response.pdf

3.2.2 SUBMITTING BIDS

Bidder is solely responsible for ensuring its Bid is received by DAS SPS in accordance with the ITB requirements, by closing, DAS SPS shall not be responsible for any delays in delivery of Bids. Bids submitted by Email will be rejected.

3.2.3 QUANTITY OF BIDS TO BE SUBMITTED

One Bid with original signature, and all required documents must be submitted on or before Closing (date and time).

3.2.4 BID MODIFICATION

It is the responsibility of the Bidder to ensure modified Bids are submitted before the Closing date and time.

A Bidder wishing to make modifications to a Bid already received by DAS SPS must:

• Withdraw its Bid in order to make modifications and resubmit the Bid pursuant to Section 3.2.6.

• All modifications made to a Bid must be made in ink and must be properly initialed by Bidder’s authorized representative.

• Submit modification(s), in writing, on Bidder’s letterhead, noting the specific change(s) to the original Bid submission. All modifications made to a Bid must be made in ink and must be properly initialed by Bidder’s authorized representative.

• Oral, electronic, facsimile or telephonic modifications will not be accepted.

3.2.5 BID WITHDRAWAL

If a Bidder wishes to withdraw its Bid, the Bidder must withdraw its Bid prior to Closing date and time. The Bidder must submit a written notice on Bidder’s letterhead of intent to withdraw its Bid. The notice must identify the ITB number, be signed by the authorized representative and be received by the SPC identified on the cover page of this ITB prior to the Closing date and time.

3.2.6 LATE BIDS

Late bids will NOT be accepted or reviewed. Late Bids will not be returned to the respective Bidder.

3.2.7 OPENING OF BIDS

A public opening of this ITB will not be held for this ITB. Bids will not be available for inspection until after the evaluation process has been completed and the Notice of Intent to Award is issued pursuant to OAR 125-247-0630.

https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf

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3.3 BID REQUIREMENTS (PASS/FAIL)

Bids will be reviewed on a Pass/Fail basis. Failure to provide any of the information or comply with any of the requirements in this section 3.3 and its subsections MAY be considered nonresponsive.

DAS SPS has the right to determine if Bids substantially meet the requirements of this ITB.

3.3.1 CLOSING

Bids must be submitted by Closing to be considered.

3.3.2 REQUIRED FORMS

Bidder must submit the following forms:

• Attachment B – Bid Cover Sheet

• Attachment C – Reference Check Form

• Attachment D – COBID Certification / Outreach Plan

• Attachment E – Responsibility Inquiry

• Attachment F – Technical Specifications

• Attachment G – Price Submittal Form

3.3.3 AUTHORIZED SIGNATURE

The Bid must be signed by person(s) legally authorized to bind the Bidder to the Bid and the Contract resulting from this ITB. Upon request by DAS SPS, any representative submitting a Bid on behalf of the Bidder shall provide a current document certifying the representative’s authority to bind the Bidder. Upon request of DAS SPS, Bidder shall provide a certified copy of the bylaws or resolution of the board of directors showing the authority of the officer signing the Bid to execute agreements on behalf of the entity.

3.3.4 REFERENCES

Bidder must provide three (3) references from similar projects performed for any clients within the last three (3) years. Information provided must include:

• Reference name, telephone number, email and mailing address;

• Description of services or products provided;

• Service or product delivery starting and ending dates; and

• Reference representative name, telephone number, and email address.

3.3.5 MATERIAL OR TECHNICAL SPECIFICATIONS

Bidder will find the required Technical Specifications in Attachment G: Technical Specifications. Bidder must indicate in Attachment G: Technical Specifications submitted with their Bid that they meet ALL Technical Specifications.

3.3.6 RESERVED

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3.3.7 BID REQUIREMENTS

Bidder must provide all information required in Section 3.3.2 of this ITB.

3.3.8 RESERVED

SECTION 4: BID REVIEW METHODOLOGY

4.1 RESPONSIVENESS DETERMINATION

A Bid received prior to Closing will be reviewed to determine if it is Responsive to all ITB requirements including compliance with Bids Requirements section. If the Bid is unclear, the SPC may request clarification from Bidder. However, clarifications may not be used to rehabilitate a non-Responsive Bid. If the SPC finds the Bid non-Responsive, the Bid may be rejected, however, DAS SPS may waive mistakes in accordance with OAR 125-247-0470.

4.2 RESPONSIBILITY DETERMINATION

DAS SPS will determine if an apparent successful Bidder is Responsible prior to award and execution of the Contract. Selected Bidder(s) shall submit a signed Attachment F: Responsibility Inquiry with Bid documents in OregonBuys.

At any time prior to award, DAS SPS may reject a Bidder found to be not Responsible.

4.3 PRICE EVALUATION

DAS PS shall award the Price Agreement to the lowest Responsible Bidder whose bid substantially complies with the requirements and criteria set forth in this Section. If the ITB authorizes the award of multiple Price Agreements, DAS PS shall award the Price Agreement to the Responsible Bidders whose Bids substantially comply with the requirements and criteria set forth in the ITB.

The SPC will conduct the Price Evaluation. The Bid with the lowest Price Submittal Form for each Good(s) and Services, and that DAS PS has found Responsible will be notified of Intent to Award.

4.1 BID COVER SHEET (ATTACHMENT B) (PASS/FAIL)

Bidder will complete and return the Attachment B: Bid Cover Sheet with their Bid documents.

4.2 REFERENCES (ATTACHMENT C) (PASS/FAIL)

DAS SPS may check to determine if references provided are supportive of the Bidder’s ability to comply with the requirements of this ITB. Failure to provide complete and accurate information in a Bid may be cause for rejection.

DAS SPS may conduct other reference checks with persons whose names have not been provided by Bidder, but whom DAS SPS has knowledge. DAS SPS may use references to obtain additional information, break ties, or verify any information needed.

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4.3 COBID / OUTREACH PLAN (ATTACHMENT D) (PASS/FAIL)

Bidder will complete and return the Attachment D: COBID / Outreach Plan with Bid documents.

4.4 RESPONSIBILITY INQUIRY (ATTACHMENT E) (PASS/FAIL)

Bidder must return a completed Attachment E: Responsibility Inquiry with their Bid documents.

The Attachment E MUST be signed by an authorized representative.

4.5 SPECIFICATIONS (ATTACHMENT F) (PASS/FAIL)

Bidder must indicate on Attachment F: Technical Specifications, that Bidder can supply Good(s) meeting or exceeding all Specifications.

4.6 PRICE SUBMITAL FORM (ATTACHMENT G) (SCORED)

Bidder will complete and return Attachment G – Price Submittal Form. The Bidder will indicate the total cost of each Good(s) including delivery and any onsite configuration. Bidder will also indicate the cost of annual maintenance and services.

4.7 RESERVED

4.8 RESERVED

4.8.1 RESERVED

4.8.2 RECIPROCAL PREFERENCE

For bid calculation purposes per OAR 125-246-0310, DAS SPS shall add a percent increase to each out-of-state Bidder’s Bid price that is equal to the percent preference, if any, given to a Resident Bidder in the Bidder's state.

4.8.3 RECYCLED MATERIALS

In comparing Goods from two or more Bidders, if at least one Bidder offers Goods manufactured with Recycled Materials, and at least one Bidder does not, DAS SPS will select the Bidder offering Goods manufactured from Recycled Materials if each of the conditions specified in ORS 279A.125 (2) exists following any adjustments made to the price of the Goods according to any applicable reciprocal preference.

4.8.4 RESERVED

4.8.5 TIEBREAKERS

Oregon Supplies: If DAS SPS receives Bids identical in price, fitness, availability and quality and chooses to award a Contract, DAS SPS shall award the Contract in accordance with the procedures outlined in OAR 125-246-0300.

4.9 METHOD OF AWARD

4.9.1 GENERAL AWARD

https://www.naspo.org/reciprocity1

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If awarded, DAS SPS must award the Contract to the Responsible Bidder submitting the lowest, Responsive Bid. DAS SPS may award by item, groups of items or the entire Offer provided such Award is consistent with this ITB and in the public interest.

4.9.2 RESERVED

4.9.3 RESERVED

SECTION 5: INTENT TO AWARD

5.1 INTENT TO AWARD NOTIFICATION

After a final selection is made, DAS SPS will issue a notice of Intent to Award on ORPIN. Bid files are public records and available for review at DAS SPS by appointment.

5.2 INTENT TO AWARD PROTEST

An Affected Bidder shall have 7 calendar days from the date of the Intent to Award notice to file a Written protest.

A Bidder is an Affected Bidder only if the Bidder would be eligible for Contract award in the event the protest was successful and is protesting for one or more of the following reasons as specified in

ORS 279B.410:

• All lower Bids are non-Responsive.

• DAS SPS has failed to conduct an evaluation of Bids in accordance with the criteria or process described in the ITB.

• DAS SPS abused its discretion in rejecting the protestor’s Bid as non-Responsive.

• DAS SPS’s evaluation of Bid or determination of award otherwise violates ORS Chapter

279A or ORS Chapter 279B.

If DAS SPS receives only one Bid, DAS SPS may dispense with the evaluation process and Intent to Award protest period and proceed with Contract award.

5.2.1 PROTESTS MUST:

• Be delivered to the SPC via email

• Reference the ITB number

• Identify Bidder’s name and contact information

• Be signed by an authorized representative

• Specify the grounds for the protest

• Be received within 7 calendar days of the Intent to Award notice

5.2.2 RESPONSE TO PROTEST

DAS SPS will address all timely submitted protests within a reasonable time and will issue a Written decision to the respective Bidder. Protests that do not include the required information may not be considered by DAS SPS.

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5.3 PAY EQUITY

If selected for award and as applicable, Bidder shall submit to DAS SPS a true and correct copy of an unexpired Pay Equity Compliance Certificate issued to the Bidder by the Oregon Department of Administrative Services. See https://www.oregon.gov/das/Procurement/Pages/Supplier.aspx for requirements.

ORS 279B.110(2)(f) requires that Bidder provide this prior to execution of the Contract.

As required by [ORS 279B.235 or ORS 279C.520], Contractor shall comply with ORS 652.220 and shall not discriminate against any of Contractor’s employees in the payment of wages or other compensation for work of comparable character, the performance of which requires comparable skills, or pay any employee at a rate less than another for comparable work, based on an employee’s membership in a protected class.

Contractor must comply with ORS 652.220 as amended and shall not unlawfully discriminate against any of Contractor’s employees in the payment of wages or other compensation for work of comparable character on the basis of an employee’s membership in a protected class. “Protected class” means a group of persons distinguished by race, color, religion, sex, sexual orientation, national origin, marital status, veteran status, disability or age. Contractor’s compliance with this section constitutes a material element of this Contract and a failure to comply constitutes a breach that entitles DAS SPS to terminate this Contract for cause.

Contractor may not prohibit any of Contractor’s employees from discussing the employee’s rate of wage, salary, benefits, or other compensation with another employee or another person. Contractor may not retaliate against an employee who discusses the employee’s rate of wage, salary, benefits, or other compensation with another employee or another person.

5.4 NONDISCRIMINATION IN EMPLOYMENT

As a condition of receiving the award of a Contract under this ITB, Bidder must certify, in accordance with ORS 279A.112, it has in place a policy and practice of preventing sexual harassment, sexual assault, and discrimination against employees who are members of a protected class. The policy and practice must include giving employees a written notice of a policy that both prohibits, and prescribes disciplinary measures for, conduct constituting sexual harassment, sexual assault, or unlawful discrimination.

5.5 OTHER REQUIRED INFORMATION

5.5.1 RESERVED

SECTION 6: CONTRACT EXECUTION

After submission of the required information and insurances identified in the ITB by the awardee and obtaining all requisite approvals required, DAS SPS will proceed with final award. The Contact attached hereto as Attachment A is not negotiable.

Contractor shall not commence work under the Contract until the Contract has been executed and the DAS SPS has provided the Contractor with the Notice to Proceed.

https://www.oregon.gov/das/Procurement/Pages/Supplier.aspx

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SECTION 7: ADDITIONAL INFORMATION

7.1 GOVERNMENT BODIES

Under ORS Chapter 190, DAS SPS may enter into an agreement with another government body for the Goods or Services that are the subject of this ITB. Intergovernmental agreements are not subject to the Public Contracting Code. If DAS SPS receives an Offer from a government body, DAS SPS will initially review the Offer according to the same criteria set forth in this ITB. DAS SPS, in its sole discretion, may enter into an ORS Chapter 190 agreement with any government body for the Goods or Services, or any portion thereof and cancel this ITB if it would be in the public interest as determined by DAS SPS.

7.2 OWNERSHIP/PERMISSION TO USE MATERIALS

Bids submitted in response to this ITB become the property of DAS SPS. The submission of a Bid in response to this ITB grants the State a non-exclusive, perpetual, irrevocable, royalty-free license for the rights to copy, distribute, display, prepare derivative works of and transmit the Bid solely for the purpose of evaluating the Bid, awarding a Contract, or as otherwise needed to administer the ITB process, and to fulfill obligations under Oregon Public Records Laws. Bids, including supporting materials, will not be returned to Bidder unless DAS SPS cancels this ITB prior to the Closing identified in Section 1.3.

7.3 COST OF BIDDING

Bidders must pay all costs of bidding including, but not limited to, the cost to prepare and submit Bids, samples and other supporting materials, or to participate in demonstrations, if required by this ITB.

7.4 CANCELLATION AND/OR REJECTION OF BIDS/DAMAGES

Pursuant to ORS 279B.100, DAS SPS may reject any or all Bids in whole or in part, and may cancel this ITB at any time when the rejection or cancellation is in the best interest of the State. Agency, the State, and their officers, employees and agents are not liable to any Bidder for any loss or expense caused by or resulting from the delay, suspension, or cancellation of this ITB, or rejection of any or all Bids. Unless DAS SPS cancels this ITB prior to the Closing identified in Section 1.3, all Bids will become part of the public record without obligation to DAS SPS.

7.5 CONFIDENTIAL OR PROPRIETARY INFORMATION

Following award of Contract, responses to this ITB are subject to public information requests unless the response or specific information contained therein is identified as exempt from public disclosure. Bidder is advised to consult with legal counsel regarding disclosure issues.

If Bidder believes any portion of its Bid contains information considered a trade secret under ORS Chapter 192.345(2), or otherwise is exempt from disclosure under the Oregon Public Records Law, ORS 192.311 through 192.478, each page containing such information must include the following:

“This data is exempt from disclosure under the Oregon Public Records Law pursuant to ORS 192, and is not to be disclosed except in accordance with the Oregon Public Records Law, ORS 192.311 through 192.478.”

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Identifying the Bid in whole as exempt from disclosure is not acceptable. Cost information submitted in response to an ITB is generally not considered a trade secret under Oregon Public Records Law. If Bidder fails to identify the portions of the Bid which Bidder claims are exempt from disclosure, Bidder is deemed to have waived any future claim of non-disclosure of that information.

7.6 RECYCLED PRODUCTS

Contractors shall use recyclable products to the maximum extent economically feasible in the performance of the contract services or work set forth in this document and the subsequent Contract (ORS 279B.055(2)(f), ORS279B.225, and ORS279B.270-279B.280)